Freedom for me, but not for thee

It has never been brought home to me quite so clearly how Congress is composed of knaves and fools.

Congress has finally awakened in outrage at the Bush administration's overweening sense of self-importance, disregard for legal and political nicities, and utter disbelief in the right to privacy. The FBI served a warrant on a Congressional office over the weekend, and searched the files of a Congressman; and the Congress has yielded itself to a bipartisan tizzy.

They have a point: it's not at all clear that the offices of the legislature should be searchable by officers of the executive branch, even with a warrant, and the administration has clearly overstepped its bounds. Yes, the Congressman in question is almost certainly a corrupt SOB and is likely to be guilty of everything the FBI says he is; but as a matter of principle, the legislature must in its own domain be free from intrusion and examination by the executive. They're right to be upset.

The outrageous part, however, is this: the administration has for some time been showing a reckless disregard for limits on its investigative powers. It has claimed the right to listen to all international phone calls without warrants or individual suspicion; Congress has not cared. It has claimed the right to collect the phone records of every phone in America, compiling statistical studies of who is calling whom, and when, and for how long; Congress has not cared.

Congress cares enough to protect its prerogatives, its independance and freedom from arbitrary treatment and suspicion, but it doesn't care enough to protect the citizenry.

Freedom for me, but not for thee: that is the message the legislature wishes us to hear.

Permalink, Freedom for me, but not for thee, May 2006, aphrael
avocadia: I know it is tangential to the point: I know it is tangential to the point, but corruption is one of the crimes that a legislator can be arrested for, no? Treason, Bribery and disrupting the peace. Having said that, they do normally subpoena for evidence, not raid.
cam: The clash of constitution, executive and subpoena: Apparently Jefferson had a nine month old subpoena on him and the FBI used a filter crew to go into his offices after getting a warrant. But, the speech and debate clause is supposed to exempt the legislature themselves from political retribution from the executive.

The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

I guess it is the equivalent of parliamentary privilege in Australia.

Another issue that was raised on husi was the role of the Sergeant of Arms;

The Sergeant at Arms of the Senate is elected by and serves as the Executive Officer of that body. He directs and supervises the various departments and facilities under his jurisdiction. He is also the Law Enforcement and Protocol Officer. As Law Enforcement Officer, he has statutory power to make arrests; to locate absentee Senators for a quorum; to enforce Senate rules and regulations as they pertain to the Senate Chamber, the Senate wing of the Capitol, and the Senate Office Buildings. He serves as a member of the Capitol Police Board and as its chairman each odd year; and, subject to the Presiding Officer, maintains order in the Senate Chamber.

So it gets messier with the FBI going in. Then today there is the bizarre media release that Bush ordered the documetn seized to be sealed for forty-five days. Which makes the whole thing even more arbitrary.

I have changed my mind on this now. I think this is a power play between Executive and Legislative; with the Executive winning.

This is not cool.

cam
cam: Incidentally: I sometimes wonder if Bush is passively participating in our CFC/NaCoWriMo. He is helping future constitutions be written in the same way King George\'s actions made the ink from Madison and Hamilton\'s pen fluid.

cam

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